Agent Of Civil Theory Of Value

The value-based research technique is to take the direction orientated by value, and to construct the specific system, guiding the legislator scientifically make the law, the judicator impartially enforce the law, and the practitioner reasonably practice the law. The value-orientated research technique which is employed to study the concrete system is of urgent theoretical importance and practical significance. Civil litigation representation which is researched in this way guided by value orientation will function better.This dissertation paper, consisting of 33,000 characters, is divided into three parts, except for preface and conclusion.Partâ… is about civil litigation representation value constitution theory. This paper firstly points out the booming of value-based research technique is present-day academic circle and further furs forth value-based research technique should be adopted to study civil litigation representation. After a long term of law-constructing research, scholars at last focus their attention on the value which hides behind and guides the concrete system. Secondly this paper illuminates the constitution of civil litigation representation value. Section one is about justice value of civil litigation representation. Litigation representation system litigant involved with on opportunity to seek remedy through lawsuit, which has no ability or cowers or has no idea about how to maintain his rights and interests by litigation. Litigation representation system not only fulfils procedural justice, but also realizes substantive justice. Realization of justice is an important embodiment of civilized rule by law. Section two discourses on the efficiency value. As a significant part of legal system, civil litigation representation value is of positive efficiency value. The litigant authorizes some one to act as his agent ad litem, and the party involved can separate from the onerous and time-consuming lawsuit, and absorbed himself in his own business. Litigation representation(special the lawyer)in the action, not only maintains the lawful rights and interests of the party, but also terminates the lawsuit timely and efficiently. Section three argues for the rule-by-law value of civil litigation representation. Civil litigation representation can bring the dispute into the track of law, and displays regulative function of law. The representation by an attorney, because of his knowledge about law and litigation, is beneficial to the dispute resolved by legal proceedings. At last, this paper dissertates on the two sides of civil litigation representation. Civil litigation representation can realize some value on the one hand, but it could prevent some value from fulfilling on the other. At the same time, the values of civil litigation representation contradict each other. These problems should be stressed and analyzed, and farther seek reasonable resolution.Partâ…¡is about realization theory of civil litigation representation value. The value of civil litigation representation should be realized by specific litigation. The value of civil litigation representation is all litigation practice some true by statutory agent or agent ad litem. Section one mainly introduces the status quo of the value of litigation representation in the unite states of America, Germany and Japan. USA is such a state that the volume of civil action is huge and the number of attorney is big. No one could substitute attorney in USA. We will benefit substantially from the research on present circumstances of us litigation representation. Germany is the typical representative of civil-law system, and every litigation should be represented by an attorney for the party involved in Germany. All of these deserve our attention. Japan is such a state that western culture and eastern culture mix well and common law and civil law co-exists harmoniously. Many systems of Japanese civil action are similar with Chinese civil action. Therefore, we could borrow a lot by making a research on Japanese civil litigation representation. Section two mainly examines the present-day status of civil litigation representation in China. The value of civil litigation representation in China to some extent is realized by an introduction of litigation representation by attorney, implementation of legal aid and statutory representation. Specific system is introduced, with its value as guidance, and analyzed how the value of civil litigation representation is realized.Partâ…¢is a bout the s afe g uarding of the v alue of c ivil l itigation representation. The value of civil litigation representation is a should be, but actually be differs from, even contradicts should-be. Due to the lack of theoretical analysis and cognition of the value behind legislation, the value of litigation representation is clumsily accomplished. In the same way, has the civil litigation representation value in the practice the dissimilation and the flaw. This paper analyzes the problems, explores the reason and put up with resolution. In law-making process, expressing due attention to the accomplishment of litigation representation; in practice, occupational morality of attorney should be refined, and should make the system of representation by a citizen and legal aid to safeguard the fulfillment of civil litigation representation value.